How to File a Birth Injury Lawsuit
Inadvertent errors made by nurses, doctors and other medical professionals during childbirth can result in permanent birth injuries that need lifetime treatment and expensive care. A lawsuit can help cover these expenses and hold the accountable for the parties responsible.
An attorney will determine if there was a case of negligence occurred by reviewing medical records and hiring experts. Experts will look at the medical evidence and depositions.
Damages
Unexpected birth injuries can be very stressful for a family, birth injury and they can cost quite a bit. They may require long-term medical treatment as well as medications and assistive devices. The money they receive from a successful suit could help them afford the care they require to have a better quality of life.
The amount of damages the plaintiff receives in a successful indiana birth injury law firm injury lawsuit will depend on how severe the injuries are and what impact they’ve had on their life. Compensation is awarded for all kinds of injury. Economic damages are quantifiable and objective forms of damages. Loss of wages and medical expenses are a possibility to include.
Non-economic damages, however, on the contrary, are not quantifiable and are more subjective in nature. These can include injuries and pain, disfigurement and loss of enjoyment of life, and much more. Expert witnesses will provide evidence for the jury that will aid them in determining these types.
In many instances, the victim will agree to a settlement with their attorney instead of going to trial. Trials are costly, time-consuming and can be dangerous for both parties. A settlement allows both parties to move on with their lives and to avoid these risks. Settlements also tend to offer families with compensation ahead of a jury verdict.
Statute of limitations
Families need a lawyer by their side when medical malpractice occurs. A lawyer can help build an action by requesting medical records of the doctor or hospital involved in the birth injury. The documents should be requested as quickly as possible to avoid them being lost or altered.
A medical expert can be consulted by a seasoned attorney to determine if the hospital or doctor acted the correct manner under the circumstances. They will also determine whether the injury was caused due to mistakes or negligence on the part of the doctor. To prevail in a lawsuit for medical malpractice, the victim must prove that the doctor acted in a manner that was contrary to the generally accepted standards of care for doctors of their type and field of expertise, and that the deviation directly caused the birth injury.
Once the case is sufficiently developed after which the attorney can submit a demand to the hospital’s or doctor’s malpractice insurance provider. The demand will contain records and other documentation to support the claim. The insurance company will either accept the demand or issue an offer to counter.
In these cases, the victims may be awarded compensation for medical expenses, lost income, other damages, such as pain and suffering, or punitive damages if the case is more than just a matter of. The court must approve these settlements if the case goes to trial. Most of cases are settled prior to trial. The trial process can be risky and stressful for plaintiffs, and judges and juries often award high verdicts against hospitals and doctors in these kinds of cases.
Preparation
It is important to begin the birth injury lawsuit process as soon as you are able. This will allow your lawyer to gather vital evidence and create a solid case for you. Additionally, it could assist in preventing your doctor from destroying or altering important documents.
Your attorney will request medical records of your child and all those involved in the delivery of your child. They also will employ medical professionals to examine the documents and determine the standards of care. Typically doctors are held to a higher standard than generalists like nurses since they have specialized training and know-how.
Your legal team and you must establish the four components of a medical malpractice case that include breach of duty, causation, and damages. You could receive financial compensation for economic and non-economic injuries based on quality of your case. In some cases, egregious actions can warrant punitive damages which is intended to penalize defendants.
After evaluating the evidence, your attorney will negotiate with the defendants in an effort to settle. This is a less risky method to get compensation, but may not be possible for every case. If you are unable to reach an agreement the lawyer will prepare for trial. This may involve taking depositions, which are sworn statements that are in the form question-and-answer sessions with an attorney.
Trial
Get a birth injury lawyer on your side as shortly as you can after the birth of your child. A seasoned lawyer will be able to look over medical records, interview experts and build an effective case capable of obtaining maximum compensation. Most attorneys offer free consultations or case evaluations. This means that there is no cost to speak with an attorney for an assessment of whether a valid claim for medical malpractice has been filed.
A successful birth injury claim rests on proving that the defendant was in breach of the obligation to exercise reasonable care. This is demonstrated by showing that the medical practitioner was not exercising the proper level of care and skill that would be expected in the profession under similar circumstances. Infractions to this standard could lead to injury, illness or even death of the patient.
In most cases, the plaintiff’s legal team will ask medical professionals and doctors who were involved in the birth of the child who was injured. These statements are taken under oath and Birth Injury considered evidence.
The defendants usually try to settle the case to avoid the possibility of a large jury verdict for medical malpractice. If a settlement cannot be reached, the matter may be put on trial. In the trial, the jury will decide the amount of the compensation that should be awarded to the plaintiff and any other parties involved in the case. This compensation can include past and future medical costs as well as home modifications, therapy sessions, and any other expenses associated with an injured child’s condition.